Car accidents involving drunk drivers are often devastating, leading to severe injuries, emotional trauma, and significant financial burdens. Based on information from the Pennsylvania Department of Transportation, alcohol-related crashes accounted for 7% of the state’s total accidents in 2022, yet they were responsible for 26% of all traffic fatalities. If you’ve been injured in a crash caused by a drunk driver, it’s essential to take specific steps to protect your health, rights, and chances of receiving fair compensation. Here’s a comprehensive guide to navigating this challenging situation.

Step 1: Prioritize Your Health and Safety

The first priority after any car accident, especially one involving a drunk driver, is ensuring your immediate safety and seeking medical attention. Even if your injuries seem minor, the adrenaline from the accident can mask symptoms of severe injuries like internal bleeding or a concussion.

• Call 911: Report the accident to the police immediately. Let the dispatcher know if there are injuries or a suspected drunk driver involved.
• Seek Medical Treatment: Request emergency medical services at the scene or visit a hospital promptly. Keep records of all diagnoses, treatments, and prescriptions, as these will be critical for your injury claim.
• Follow-Up Care: Follow the recommendations of your healthcare provider. Skipping appointments or not following prescribed treatments can harm both your recovery and your legal case.

Step 2: Gather Evidence at the Scene

Evidence collected immediately after the accident can play a vital role in proving liability and securing compensation. If it’s safe to do so, document as much as possible at the scene.

• Photos and Videos: Capture images of vehicle damage, injuries, road conditions, and any visible evidence like skid marks or debris.
• Witness Information: Collect the names and contact details of anyone who saw the accident happen.
• The Driver’s Behavior: If the drunk driver exhibits slurred speech, the smell of alcohol, or unsteady movements, document these observations. This information may support claims of intoxication.

If you’re unable to gather evidence due to your injuries, ask a trusted friend, family member, or attorney to assist.

Step 3: Report the Accident and Cooperate with Law Enforcement

In Pennsylvania, reporting a motor vehicle accident is required when injuries, death, or significant property damage occurs. When the police arrive, be honest and thorough in your statement but never admit fault or make assumptions about the incident. The officer is going to file a police report, which often includes key information about the suspected drunk driver, including their blood alcohol concentration (BAC) results if tested.

Step 4: Notify Your Insurance Company

Contact your auto insurance provider as soon as possible to report the accident. Provide them with a factual account of the event, and avoid speculating or blaming yourself. Pennsylvania operates under a choice no-fault insurance system, meaning your personal injury protection (PIP) coverage may initially handle your medical expenses, regardless of fault. However, you can pursue a liability claim or lawsuit against the drunk driver if your injuries are severe or exceed your PIP limits.

Step 5: Understand Your Legal Options

Victims of drunk driving accidents in Pennsylvania may pursue compensation through various avenues:

• Filing a Personal Injury Claim: This will allow you to recover damages such as current and future medical expenses, lost wages, reduced earning capacity, pain and suffering, and property damage.
  
• Punitive Damages: In cases involving drunk driving, Pennsylvania courts often allow victims to seek punitive damages, which are intended to punish the driver and deter similar reckless behavior.
  
• Filing a Dram Shop Claim: Pennsylvania law allows injured victims to hold establishments like bars or restaurants accountable if they served alcohol to the driver when they were visibly intoxicated. Consulting with a personal injury lawyer will help determine if this claim applies to your case.

Step 6: Consult an Experienced Personal Injury Lawyer

Navigating the legal and insurance processes after a drunk driving accident can be overwhelming. A personal injury lawyer will help you:

• Investigate the accident
• Gather critical evidence like BAC test results, surveillance footage, and witness statements
• Handle communications with insurance companies
• Advocate for maximum compensation, including noneconomic damages like pain and suffering

Many personal injury attorneys in Pennsylvania offer free consultations and work on a contingency fee basis, which means they only get paid if you win your case.

Step 7: Be Mindful of Deadlines

Pennsylvania’s statute of limitations for personal injury claims is two years from the date of the accident. If you miss this deadline, you might lose your right to seek compensation. However, exceptions exist in certain circumstances, such as when a victim is a minor. Prompt action is essential to make sure your claim is filed on time.

Step 8: Protect Yourself from Insurance Tactics

Insurance companies, including your own, may attempt to minimize payouts by undervaluing your claim or pressuring you to accept a quick settlement. Keep these tips in mind:

• Avoid giving recorded statements without legal advice.
• Never accept the first settlement offer without consulting your attorney.
• Keep very detailed records of all expenses and losses related to the accident, including medical, repair invoices, and missed workdays.

Step 9: Focus on Recovery

The aftermath of an accident is often both emotionally and physically taxing. Alongside pursuing your claim, take steps to prioritize your mental health and recovery. Support groups, counseling, or talking to loved ones can help you cope with the emotional hardship and impact of the incident.

Conclusion

Drunk driving accidents in Pennsylvania often leave victims facing overwhelming challenges, from serious injuries to financial hardships. By following these steps, you can protect your rights and work toward obtaining the compensation you deserve. Whether through a personal injury claim, punitive damages, or a dram shop lawsuit, the legal system offers recourse for those harmed by impaired drivers. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.